Recommendation for a Council Decision on authorising the opening of negotiations on the amendment of the Convention on the Transboundary Effects of Industrial Accidents

The European Union and most of its Member States are Parties to the UNECE Convention on the Transboundary Effects of Industrial Accidents (hereinafter referred to as "Convention"). The Convention applies to the prevention of, preparedness for and response to industrial accidents at sites where hazardous activities take place capable of causing transboundary effects.

The Seveso II Directive is the legal instrument to fulfil the obligations of the European Union arising out of the Convention. Annex I to the Convention and Annex I to the Seveso II Directive contain categories of and individual hazardous substances for the purpose of defining hazardous activities. In June 2015 the Seveso II Directive will be replaced by the Seveso III Directive, which amongst others, modifies Annex I.

At its 7th meeting in 2012, the Conference of the Parties (CoP) to the UNECE Convention on the Transboundary Effects of Industrial Accidents mandated the Working Group on the Development of the Convention (WGD) to evaluate a list of possible amendments in areas suggested by the CoP. The WGD has concluded after its fourth meeting in April 2014 that four areas would benefit from an amendment:

(1) Revised and additional definitions (art.1): The WGD recommended amending certain definitions to ensure alignment with other ECE Conventions (Aarhus Convention and Convention on Impact Assessment in a Transboundary Context (Espoo Convention)), adjustment of the definitions to internationally accepted developments, improved clarity and legal certainty and to enhance the internal consistency within the Convention.

(2) Strengthened public participation (art. 9): The WGD recommended amending Article 9 to achieve consistency with other ECE conventions.

(3) Frequency of meetings (art. 18): The Convention envisages an annual conference of the Parties. However, practice is to meet only every two years. The WGD proposed to amend Article 18 to align it with current practice.

(4) Application of amendments to new Parties (art. 29): The WGD recommended inserting a new paragraph in Article 29 implying that States acceding to the Convention once an amendment has entered into force would also automatically accede to the amendment. This would improve clarity and ensure legal certainty for new Parties.

None of these areas to be opened for possible amendment would lead to modifications of the Convention causing environmental or socio-economic impacts in the EU. Some of the amendments would rather have a positive impact as they would result in higher standards in non-EU Parties to the Convention, hereby enhancing the level playing field between EU and non-EU establishments, and reducing risks of accidents with potential transboundary effects in the EU.

In view of the above, it is appropriate to authorise the opening of negotiations on the amendment of the Convention on the Transboundary Effects of Industrial Accidents.

See also:
- Proposal for a Council Decision on the position to be adopted, on behalf of the European Union, at the Eighth Conference of the Parties to the Helsinki Convention on Transboundary Effects of Industrial Accidents with regard to the proposal for an amendment of Annex I

• Primary Source

EUR-Lex: COM(2014)651: Follow the progress of this recommendation through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2014:651:FIN

ESO: Background information: Convention on the Transboundary Effects of Industrial Accidents http://www.europeansources.info/record/website-convention-on-the-transboundary-effects-of-industrial-accidents-1992/

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